The Collective Agreement with Lack of Form or Content

Abstract

The article deals with the problem of regulation and defense of rights of social partners in the case of execution of an agreement with violated procedure and incorporated illegal norms. Regardless of the fact that there is a clause of the no-use of conditions of collective agreement covered by law or their annulment, there is no practicable mechanism for the implementation of acts. The analysis of scientific approaches and cases has allowed to establish ways of solution. It has been suggested to transform a category of labour dispute into individual employment dispute in the adversary proceeding order. Concerning the way of defense of violated rights necessity for changes of labor law is proved for recognition of the collective agreement inoperative in full or in part.